To judge whether an application for a patent for invention or utility model is practical or not, it should be based on the specification (including drawings) submitted on the filing date and the overall technical contents disclosed in the claims, not just the contents recorded in the claims. When it is difficult to judge whether it is practical only according to the technical scheme recorded in the claim, it needs to be judged in combination with the contents disclosed in the specification.
If according to the contents recorded in the claim, it can be clearly determined that the scheme required by the claim obviously cannot be manufactured or used in industry or obviously cannot produce positive effects, in this case, the conclusion that the claim is not practical can only be drawn according to the contents recorded in the claim.
Practicality has nothing to do with how the applied invention or utility model was created or whether it has been implemented. Practicality requires that the invention or utility model must be able to be manufactured or used, but it does not mean that the invention or utility model must have been implemented, as long as it can be confirmed from the known scientific theory that it can be realized.
Characteristics of patent practicality
1, practicality
The invention or utility model must be able to be manufactured in industry or the invented method can be used in industry. If the creative achievement is only theoretical, you can't apply for a patent.
2, reproducibility
The subject matter of an application for a patent for invention or utility model with practicality should be repeatable. That is to say, according to the overall technical content disclosed in the specification, a person of ordinary skill in the field can realize the theme of this application. And the results they achieve should be exactly the same, which will not be easy for people and will not contain random factors. This repeatable property is called reproducibility.
3. beneficial
Inventions and utility models with practicality should be able to produce positive effects. This comes from the social attribute of the invention, which requires it to provide positive and beneficial effects in future practical implementation. Positive benefits are usually manifested in improving product quality, increasing product output, saving raw materials, reducing costs, improving labor productivity, improving working conditions and preventing environmental pollution.